Dears Pharmacy

Dears Pharmacy Terms and Conditions

Welcome to our website.

These terms and conditions (the “Terms”) (together with the documents referred to in them) govern your access and use of the Dears Pharmacy website, which is accessible via www.dearspharmacy.co.uk (the “Website”) through which services are offered (the “Services”). These Terms also govern your access to the Services.

Please read these Terms carefully before you start using the Website and before ordering any of our Services.

1. ABOUT US

1.1. The Website and the Services are operated by Barrie Dear Limited T/A Dears Pharmacy ("we"/”us”/”our”). We are registered in Scotland under company number 424013 and have our registered office at 5 Cortmalaw Avenue, Glasgow, G33 1TE, UK and trading address at Dears Pharmacy, 645 Ferry Rd, Edinburgh, EH4 2TX, UK.

1.2. You can contact us on our Website by email at info@dearspharmacy.co.uk or by telephone on 01313322851.

1.3. We are registered with and regulated by the General Pharmaceutical Council. Our pharmacists are registered with and regulated by the General Pharmaceutical Council (GPhC) and as such comply with the Standards of Practice Guidelines.

2. ACCESSING AND USE OF THE WEBSITE

2.1 ACCESSING THE WEBSITE

You are responsible for making all arrangements necessary for you to access the Website, including but not limited to a secure internet connection.

2.2. LINKING TO OUR WEBSITE

2.2.1 We’re happy for you to link to our Website but that must be done in accordance with the below rules:

  • You can only link to our home page “www.dearspharmacy.co.uk”. There are strict regulations on promoting medications and associated treatments. You are expressly prohibited from making such promotions.
  • Include only a link not a frame.
  • Do not suggest any form of association, approval or endorsement on our part where none exists.
  • If we find that our reputation is damaged in any way by the reference you’re making, we’ll take the necessary steps to protect it by removing any link to the Website.

2.2.2. If you’re unsure, please ask us before linking to our Website. We reserve the right to withdraw linking permission without notice if it doesn’t meet our guidelines or otherwise at our absolute discretion.

2.3. PROHIBITED USES

You may not:

  • use the Website or consume our Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • use the Website or our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, trojans, worms, logic bombs or any other material that is malicious or technologically harmful.  A breach of this clause constitutes a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with them by disclosing your identity to them. In the event of such a breach, your right to use our Platform and Services will cease immediately.

2.4. INTELLECTUAL PROPERTY RIGHTS

2.4.1. We either own or have the right to use all intellectual property rights in the Website, including but by no means limited to, rights in copyright, patents, database rights, trade marks, the tort of passing off and all other intellectual property rights, in the Website, the Services, and their content (“IPR”). All such rights in the IPRs are reserved and, for the avoidance of doubt, no such rights are granted to you under these Terms.

2.4.2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal and/or business use (but only to the extent you are purchasing our Services from the Website) and you may draw the attention of others within your organisation to content posted on our Website for such use only.

2.4.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

2.4.4. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

2.4..5. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. For the avoidance of doubt, this expressly prohibits any use of the Website by you (or anybody connected with you) to falsely misrepresent our goods, products and/or Services as being those which are provided by you. In addition, prohibition under this clause, such conduct would also be an infringement of our intellectual property rights under the tort of passing off (and otherwise, where applicable).

2.4.5. Your use of scraping software in respect of any element of the Website (including our databases) is expressly prohibited.

2.4.6. We take the enforcement and protection of our intellectual property rights very seriously and if you print off, copy or download any part of our Website or otherwise deal with the Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, immediately return or destroy any copies of the materials you have made. Furthermore, you agree to indemnify us for and against any losses that we suffer as a consequence of your breach (with such losses under this clause including but not limited to actions, awards, charges, claims, compensation, costs, damages, demands, expenses, fees, fines, interest, liabilities, losses, penalties, proceedings and settlements).

3. OUR SERVICES AND HOW YOU SHOULD USE THEM

3.1. REQUIREMENTS TO BE ELIGIBLE FOR OUR SERVICES

3.1.1. By registering and ordering our Services, you must be:

  • Legally capable of entering into binding contracts.
  • At least 18 years old or 16 years old or over for emergency contraception (commonly referred to as the “morning after pill”), contraception, and period delay services only.
  • Resident in the UK.

3.1.2. Our Services are to be provided in the UK. We do not accept orders or deliveries, from or to, outside the UK.

3.1.3. Our Services are NOT to be used in an EMERGENCY situation.

3.1.4. If you believe that you or the person you are assisting is in an urgent or emergency situation you should immediately dial 999 or seek alternative emergency medical services.

4 YOUR ACCOUNT

4.1. REGISTRATION

4.1.1. You cannot benefit from our Services without first registering on our Website. By doing so, you must create a secure online account (“Account”) which will contain the following information:

  • Messages you receive from our pharmacists.
  • Recommendations.
  • The treatments we provided to you.
  • A link to our Services.
  • A help section.
  • Your settings.
  • A link to these Terms and the Privacy and Cookie Notices (which govern how we shall handle any personal data that you supply to us).

4.1.2. You must not register for more than one Account and, in creating your Account under clause 4.1.1, are required to provide us with your correct name, address, date of birth, email and telephone number. In the event that you fail to provide us with the correct details under this clause 4.1.2, we reserve the right to restrict your access to the Account, the Website and the Services.

4.1.3. To improve and make the process of identity verification more efficient we might use an identity and verification (“ID&V”) provider in respect of your registration of the Account.

4.1.4 Do not register on the Website on behalf of anyone other than yourself unless you have permission to do so from that individual and we receive express written consent from the individual in question.

4.2. YOUR SETTINGS

4.2.1. This is where you can change your personal information and update your email preferences (please check our Privacy Notice more information on how we handle your personal data).

4.2.2. If you would like to stop using our Services, you can suspend your Account in the settings section. Your Account will become inactive with immediate effect. Legally, we are required by law to keep the electronic patient records including personal information, communication and treatments until ten years after the patient’s death or after the patient has left the EU. Please note that suspending your Account will not delete these data (please check our Privacy Notice more information on how we handle your personal data).

4.3. YOUR ACCOUNT PRIVACY AND SECURITY

4.3.1. Please treat your login, patient ID, password and any other secure piece of information in respect of the Account as confidential. You should never disclose any secure information to a third party.

4.3.2. Choosing a secure password is very important. Please refer to the National Cyber Security Centre website for tips on how to choose a strong password.

4.3.3. If you know or suspect that anyone other than you knows your user identification code or password to your Account, you must promptly reset your password to something only you know.

4.3.4. We cannot be responsible for any loss or damage caused as a result of an unsecured password that is selected by you or by your failure to comply with this clause 4.3.

4.4. YOUR RESPONSIBILITIES

4.4.1. You must use the Website and the Services with care and in compliance with the below:

  • The provision of Services to you is conditional on you completing truthfully, honestly and to the best of your knowledge a pre-assessment and all consultation questionnaires contained on our Website. Please do not try to fill in the questionnaire or pre-assessment until you’re completely clear on what each question means. If you do not understand a question, are unsure how you should answer certain questions, or you do not fully understand the advice or information given to you on our site, you can speak to your regular healthcare provider or get in touch with us.
  • Please do not complete any pre-assessments on behalf of anyone other than yourself.
  • Please do not complete any questionnaires on the Web, unless you have permission to do so from that person and we receive express written consent from the person in question.

4.4.2. We are not liable for any loss or damage that may result from:

  • A failure by you to provide and continuously maintain complete, truthful and accurate information in your Account and in all the pre-assessments and questionnaires you complete or any other information you provide to us.
  • A failure by you to follow advice given on the Website or from your failure to pass on information to your regular healthcare provider.

5. SERVICES FROM THE DEARS PHARMACY WEBSITE

5.1. WHAT THE SERVICES ARE

5.1.1. We provide medical consultations to you based on online questionnaires you complete, telephone conversations, secure messaging and photo assessments.

5.1.3. If our pharmacists determine, based on the consultation, that a treatment is required and that you are suitable for remote treatment, they will issue a prescription which will be sent to a Dears Pharmacy, which will then legally supply and dispense the medicines to you directly in its own name.

5.1.4. If you have any issues such as side effects or any questions related to the treatment we prescribed, our pharmacists will provide you with follow-up medical advice.

5.2 HOW THE SERVICES OPERATE

5.2.1. Registration

  • When you first visit our Website, you will have the option to first register or to immediately select one of our Services. If you decide to immediately start using our Services you will need to register before submitting your medical questionnaire to a pharmacist.

5.2.2. Questionnaire

  • Why a questionnaire? It’s the same as going to your GP’s practice for a consultation. Our pharmacists need to know about your condition, the medication you’re taking, your allergies and anything else that will help them to assess whether your preferred treatment is safe for you.
  • Our questionnaires are all built by our pharmacists in line with best medical practice, and they’re tailored to the specific Services that we offer.

5.2.3. Consultation

  • Our Services are either (i) one-step journeys or (ii) two-step journeys.

5.2.4. One-step journeys

Under the one-step journey, you will need to carry out the following actions in order for the Services to be available to you:

  • Complete a health questionnaire.
  • Agree to these Terms. Select your preferred treatment and click order.
  • Register on our Website or log in if you’ve already registered.
  • Choose a delivery method.
  • Pay for your consultation, course of treatment and delivery costs, if any.
  • Submit your order.

The pharmacist will contact you to:

  • Confirm your preferred treatment is suitable, or
  • Ask you further information through your Account, or
  • Advise if treatment is not suitable and subsequently cancel your order or provide advice.

Once you have submitted a questionnaire, our pharmacists aim to respond to you within 24 hours on weekdays, however we cannot guarantee that you will receive a response within this timeframe and it may take several days for such a response to be received.

We will email or text you (if applicable) a confirmation that you’ve successfully registered with us and that our pharmacists are reviewing your questionnaire and attachments.

We will then notify you by email or text if remote medical treatment is suitable for you and, if so, our pharmacists may offer you a remote treatment.

5.2.5. Two-step journeys

Two-step journeys are required when our pharmacists need you to send in pictures or other information for them to decide (a) whether you can be treated remotely and (b) suggest medication if suitable.

Under the two-step journey, you will need to carry out the following actions in order for the Services to be available to you:

  • Complete an initial questionnaire.
  • Share pictures and other information, if required to do so by us.
  • Agree to these Terms.
  • Register on our Website, or log in, if you’ve already registered.
  • We will email or text you (if applicable) a confirmation that you’ve successfully registered with us and that our doctors are reviewing your questionnaire and attachments.
  • We’ll then notify you by email or text if remote medical treatment is suitable for you. If so, our pharmacists will offer you a treatment.

Furthermore, under the second step in order to obtain the treatment, you’ll need to:

  • Log on to your Account.
  • Complete a short additional questionnaire.
  • Agree to these Terms.
  • Choose a delivery method.
  • Pay for your consultation, course of treatment and delivery costs, if any.
  • Submit your order.
  • Our pharmacists will review the second questionnaire and, provided that you are still suitable for remote treatment, issue a prescription.

5.2.6. For your safety, you must:

  • Always read all product packaging and labels carefully before use.
  • If you purchase medicine in advance, please always check the date on the box to make sure it’s not out of date.
  • Ensure that your course of treatment is based on your consultation and answers to our questionnaire.
  • Please make sure that only you have access to your medicines.
  • If medicine is prescribed and dispensed to you, you’re responsible for checking that the medicine received is the correct medicine prescribed by Dears Pharmacy and that it is not damaged in any way. If in doubt, you must contact our Customer Service to seek advice and/or replacement as required (please see Section “Contact” below). Do not consume any medicine which is not the medicine prescribed or which is damaged on arrival.
  • Always tell your regular healthcare provider about treatment we prescribe and medication supplied, prior to the consumption and/or use of such medication.

5.2.7. Professional codes of conduct of healthcare professionals and legal restrictions may limit the number and frequency of any item we are permitted to supply to you. As such, we cannot supply quantities exceeding the relevant permitted maximum. We will only charge you for those medicine(s) we do supply. We reserve the right to reject any order.

6. DELIVERY

6.1. You can either have the treatment or goods delivered to an address in the UK or collect it from a Dears Pharmacy.

6.2 Unless we give you notice of the contrary, if you select the delivery of your treatment by courier, any medicines we prescribe will be dispensed and supplied by us at Dears Pharmacy, 645 Ferry Road, Edinburgh, EH4 2TX, registered with the General Pharmaceutical Council (GPhC) with number 1091153.

7. OFF-LABEL USE OF LICENSED MEDICATION

All medications we offer are fully licensed within the UK. Some medications we prescribe for conditions, or circumstances that are outside of the license, also known as ‘off-label’. Prescribing ‘off-label’ is common practice by healthcare professionals to ensure a medication can safely benefit as many patients as possible. We only offer these medications when we are confident that we have reviewed literature and guidelines. Our prescribing is always based on updated information and evidence since the product first became available.

8. PRICING AND PAYMENT

8.1. We ensure that our prices for consultations, diagnosis and medical prescriptions are clearly set out on our Website. The prices shown include a component for the medical service provided to you by Dears Pharmacy.

8.2. Note that the price that you’ll see on our Website is the total price including these two components. Delivery charges are shown separately before ordering. All prices quoted are inclusive of VAT (where applicable). There are no hidden charges.

8.3. It is possible that, despite our best efforts, some of our Services may be incorrectly priced. If that is the case, we are under no obligation to provide the Services to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and you could have reasonably recognised the price displayed as an error.

8.4. You’re responsible for providing valid credit or debit card details. You must be authorised to use these details and to authorise us, or our payment service provider, to take payment in full for the items you’ve ordered, including any associated fees due to us under these Terms, including delivery fees.

8.5. If your payment details have expired or are invalid in any way, we will try to contact you. If you are unable to give us the updated information, we reserve the right not to deliver your medicines to you.

9. CANCELLATIONS, RETURNS AND REFUNDS

9.1. CANCELLATION AND RETURNS POLICY

9.1.1. Given the nature of the Services in this instance (being the supply of medicinal products from us to you), the cancellation provisions under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not apply to any Services that we provide. Therefore, unless otherwise agreed with us in writing (which shall be at our absolute discretion) we are unable to accept any cancellation or returns for any of our products once those products have been dispatched to you.

9.1.2. However, prior to any products being dispatched by us, you may cancel your order for those products, in such instance we will make a refund for any price paid in accordance with clause 9.2, below, subject to any reasonable deductions that we may make.

9.1.3. Where The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do apply to the provision of any Services, you may have cancellation rights under those Regulations which, for any goods supplied, mean that you may be able to “change your mind” within 14 days of the receipt by you of those goods. In the event that you wish to change your mind, you must contact us in accordance with these Terms within the above period and return the goods to us (unless we specifically request to collect the goods from you) within the next 14 days following your notification. You will be responsible for the return costs. We will then make a refund to you in respect of the price for the goods (excluding delivery costs) within 14 days, such refund subject to any reasonable reductions in light of any reduction in value caused by your handling of the goods.

9.2. REFUNDS POLICY

9.2.1. If our pharmacists decide that the treatment you’ve requested is not suitable, they’ll send a full explanation to your Account and any fees will be refunded fully within eight (8) working days.

9.2.2. If you validly cancel your order prior to dispatch (as per the Cancellations policy above), we’ll do our best to process refunds within 3 working days. The funds may take up to 5 working days to appear in your bank account or on your card statement.

9.2.3. Note that we may also contact you to say that we do not accept your order for the following reasons:

  • The medicines or goods are unavailable.
  • We cannot authorise your payment.
  • You are not allowed to use our Services.
  • You have ordered too many medicines.
  • There has been a mistake on the pricing.

9.2.4. We may also contact you to inform that we will otherwise not be able to supply the Services to you at our absolute discretion and for any reason whatsoever.

10. OUR LIABILITY TOWARDS YOU

10.1. We be responsible for loss or damage suffered by you that is a foreseeable result of any failure by us to comply with our legal obligations in respect of your use of the Website or our performance of the Services. However, we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the applicable contract was made, both parties knew it might happen, for example, if it was discussed during the sales process.

10.2. We do not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in respect of the Services. It also includes our liability for any breach of the Consumer Rights Act 2015 (where applicable) and associated legislation.

11. PRIVACY NOTICE AND DATA PROTECTION

Your privacy is our priority. You’ll find everything you need to know about how we keep your personal information secure within our Privacy Notice & Cookie Notice.

12. TRANSFER RIGHTS AND OBLIGATIONS

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

13. THIRD PARTY RIGHTS

These Terms do not give rise to any rights for any third party to enforce any term of these Terms.

14. EVENTS BEYOND REASONABLE CONTROL

We will not be in breach of any of our obligations under these Terms (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of our obligations shall be extended accordingly.

15. JURISDICTION AND APPLICABLE LAW

15.1. The courts have exclusive jurisdiction over any claim arising from, or related to, the Services we provide to you or to use of our Platform. We reserve the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

15.2. These Terms and any dispute or claim arising out of, or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the law of England and Wales.

16. ENTIRE AGREEMENT

16.1. These Terms, our Privacy and Cookie Notices, and any document expressly referred to in this agreement constitutes the whole agreement between you and us.

16.2. This supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our Platform and the Services made available on it.

17. SEVERABILITY

Each of the clauses of these Terms operates separately. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and exclusions and limits of liability, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

VARIATIONS

We may change these Terms at any time. Please read these Terms every time you use our Platform and order any of our Services so that you’re aware of any changes we have made.

19. CONTRACT

19.1 HOW WE WILL CONTACT YOU

We will usually contact you via email or through your Account, although we sometimes post notices on our Website. You hereby agree to receive electronic communication from us, and you acknowledge that all contracts, notices, information and other electronic communications that we provide to you electronically comply with any legal requirements that require such communications to be in writing. This condition does not affect your statutory rights.

19.2 HOW YOU CAN CONTACT US

19.2.1. If you have any concerns about material which appears on;

  • Our Website, please contact info@dearspharmacy.co.uk
  • If you have a concern with our Service, please get in contact with our Customer Service team. Our Customer Service team will try and resolve the issue without delay.

19.2.2. You can contact us in relation to either the Website or the Services by:

19.2.3. If our Customer Service team isn't able to resolve your concern, then we can register your concern as a complaint. We take complaints very seriously, and aim to deal with any issues faced by our patients quickly, compassionately, and effectively. For more information, please see below.

20. HOW TO MAKE A COMPLAINT

To make an official complaint about either the Website or the Services, you should contact the Customer Support management team. You can do this in any of the following ways:

 

 

 

 

 

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